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Digital Content License Agreement
By acquiring digital artwork ("Digital Content"), you have acquired from CM Canada Holdings, Inc. ("CM") a license to use the Digital Content in accordance with the terms and conditions of this Agreement. By accessing Digital Content you agree to use it solely as provided in this Agreement and to comply with all of the terms and conditions of this Agreement.
This Agreement and performance under this Agreement will in all respects be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to conflict of laws principles or provisions. Any claim, legal proceeding or litigation arising in connection with this Agreement, the License, or the Digital Content will be brought solely in the provincial or federal courts located in the Province of Ontario, and you expressly consent to the jurisdiction of such courts.
CM grants to you a non-exclusive, non-assignable, non-transferable, non- sublicenseable, non-commercial, personal license to use Digital Content solely for your private and personal use (the "License"). CM has the right to determine, in its sole discretion, whether a use of the Digital Content is for private and personal purposes. Any use of Digital Content other than for private and personal purposes is strictly prohibited.
Notwithstanding the restriction against commercial use in the License, CM acknowledges & agrees you may use the Digital Content in the promotion of your CM Independent Advisor business (“CM Business”) provided such promotional use does not include the sale of items made with Digital Content. This CM Business promotion exception shall not be construed to permit any other commercial uses for the Digital Content and CM has the right to determine, in its sole discretion, whether a use of the Digital Content falls within this CM Business promotion exception.
You acknowledge that the Digital Content belongs to CM or its Licensor or Licensors, and that CM or its Licensor or Licensors retain all right, title, and interest in and to the Digital Content not expressly granted under this Agreement, including, without limitation, all copyrights.
If any alteration or modification of the Digital Content constitutes a derivative work, you acknowledge and agree that you made such derivative work for CM and/or its Licensor or Licensors and that all rights associated with such derivative work will be owned solely by CM and/or its Licensor or Licensors. In addition, to the extent that any rights to any derivative work are not automatically deemed to be owned by CM and/or its Licensors, you hereby assign and transfer to CM and/or its Licensor or Licensors all right, title and interest in such derivative work.
CM and its licensors will not be liable for damages of any kind, including general, direct, special, incidental, and consequential damages, resulting from or arising out of your possession or use of the Digital Content (including data loss or corruption), regardless of whether such liability is based in tort, contract, or otherwise. If the foregoing limitation is held to be unenforceable, the maximum liability to you will not exceed the amount of the license fees paid by you for the Digital Content.
The law of some jurisdiction do not permit some warranty disclaimers or limitation of liability. You may have other rights that vary by jurisdiction.
ALL DIGITAL CONTENT IS PROVIDED "AS IS" AND CM MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. THE ENTIRE RISK OF YOUR USE OF THE DIGITAL CONTENT IS WITH YOU.